MAHABIR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS order shall dispose of C.W.J.C. No. 6668/2003 (Mahabir Paswan V/s. The State of Bihar & Ors.) and C.W.J.C. No. 7044/2003 (Jay Prakash Choudhary V/s. The State of Bihar & Ors.).

(2.) THE facts in the matter of Mahabir Paswan are that his father Basudeo Paswan, who was working as an Assistant Teacher at Middle School, Tajnipur died on 17.6.2001 and thereafter the petitioner made an application for his appointment on compassionate ground. His application has been refected on the ground that one of the wards/successors of the deceased i.e. petitioners brother, Kamlesh Paswan was posted as Assistant Teacher at Primary School, Giriyak. In the matter of Jay Prakash Choudhary, the facts are that petitioners father died on 22.2.2002 and the petitioner made an application for his appointment on compassionate ground. His application was also rejected on the ground that his elder brother i.e. the elder son of the deceased was gainfully employed in a Government job.

(3.) REFERRING to a Circular of 1999, it is contended by the counsel for the petitioners that unless an enquiry into these facts is made and a positive finding is recorded, the applications could not be rejected simply on the ground that one of the successors of the deceased was gainfully employed. On the other hand, learned counsel for the respondents submits that if one of the successors of the deceased is gainfully employed then in light of the Division Bench judgment of this Court in the matter of Vishal Kumar V/s. State of Bihar & Ors. [2004(2) PLJR 453], there is no obligation upon the State Govt, to offer a job in an otherwise backdoor entry employment.